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To Appeal or Not to Appeal? Liquidators Could Face Personal Costs Orders

The Situation: Should liquidators be personally liable for the costs of unsuccessful appeals, without an entitlement to reimbursement by the company or its creditors in relation to those costs? The Conclusion: The general...more

Bakewell v Anchorage Capital Master Offshore Ltd: Can Ancillary Rights and Claims Be Sold?

The Background: An assignee of loans owed by the Arrium Group sued certain officers of the Arrium Group, alleging they had made negligent misstatements or misrepresentations in drawdown and rollover notices issued prior to...more

Australian Court of Appeal Approves Use of "Holding" Deed of Company Arrangement

In Mighty River International Ltd v Hughes [2017] WASCA 152, the Western Australian Court of Appeal delivered a landmark decision approving the use of a "holding" deed of company arrangement ("DOCA")....more

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